Arbour tables report on Nepal at UN General Assembly
United Nations High Commissioner for Human Rights, Louise Arbour, has tabled the annual report on Nepal at the General Assembly in New York, highlighting the human rights abuses that took place in the country and the need to work on improving the situation.
A statement issued today by the Office of the High Commissioner for Human Rights in Nepal (OHCHR-Nepal) said the report on Nepal was tabled at the Third Committee (Social, Humanitarian and Cultural) of the General Assembly on Wednesday.
In her report, Arbour notes that the political changes following the April movement in Nepal and the ceasefires, which were announced subsequently, have had a significant impact on the human rights situation, particularly with regard to violations of international humanitarian law following the cessation of hostilities, and greater respect for freedom of expression and assembly, according to the OHCHR.
“The High Commissioner’s report describes some of the positive steps which have been taken and highlights the fact that the peace process offers a hope of continuing improvements in respect for human rights by the all parties. At the same time, it stresses that there are many issues which still need to be addressed,” the OHCHR statement said. All parties must ensure that human rights remain central to the peace process in order to ensure that a sustainable peace is secured. Any setback to the peace process risks a negative and potentially devastating impact on the human rights situation, it added.
The 19-page long report documents the human rights abuses committed by the Maoists- including kidnappings, ill-treatment and killings and recruitment of children- as well as the violations on the part of the police and the Nepali Army.
Pointing out the weakness or absence of the law enforcement and administration of justice systems, the reports calls for firmly establishing the rule of law in order to protect human rights and prevent the emergence of elements which risk undermining the peace process.
“Effective law enforcement in accordance with international human rights standards will also help to ensure that the electoral process for a Constituent Assembly, from its early stages, can be organized without fear, intimidation or more serious abuses, “ states the report, stressing that the parties need to recognise the demands of marginalized groups for adequate participation and representation.
The High Commissioner’s report stresses that holding those responsible for human rights abuses to account is essential to effectively ending the current climate of impunity at the level of the state and by CPN-Maoist, and must be a priority. It says some steps have been taken to address impunity, but these measures have been far from adequate.
Following the High Commissioner’s letter, the Home Ministry has till date presented to the House of Representatives a list of some 600 names of those who disappeared and some 174 cases which it states have been clarified.
“OHCHR-Nepal is in the process of carrying out a complete assessment of the information, but on the basis of cases examined so far most appear to have been clarified on the basis of information provided by the security forces which has not been independently verified,” says the report.
OHCHR-Nepal had written to Prime Minister Koirala on 17 October outlining continuing concerns regarding several of the 49 cases which were included in OHCHR-Nepal’s report on torture and disappearances by the Bhairabnath Battalion, and whose fate the Nepalese Army claims to have clarified.
The High Commissioner’s report to the General Assembly notes that the Nepali Army’s investigations are not transparent or impartial, and that the army continues to refuse to provide OHCHR-Nepal with access to documents relating to military investigations and court martial proceedings into abuses.
The report also notes serious concerns about the lack of progress in clarifying the fate of numerous individuals abducted by the CPN-Maoist during the conflict, and also in the failure to hold CPN-Maoist cadres fully accountable for any abuses committed, including in the case of the attack on a public bus in Madi Chitwan last year.
Arbour in her report also recognises the role played by the National Human Rights Commission (NHRC) and suggests that the national rights watchdog be developed into a fully functioning, professional and impartial body. nepalnews.com mk Oct 19 06
